N.D. Cent. Code § 12-60.1-04: Hearing on petition

1.The court may grant a petition to seal a criminal record if the court determines by clear and convincing evidence:

a.The petitioner has shown good cause for granting the petition;

b.The benefit to the petitioner outweighs the presumption of openness of the criminal record;

c.The petitioner has completed all terms of imprisonment and probation for the offense;

d.The petitioner has paid all restitution ordered by the court for commission of the offense;

e.The petitioner has demonstrated reformation warranting relief; and

f.The petition complies with the requirements of this chapter.

2.In determining whether to grant a petition, the court shall consider:

a.The nature and severity of the underlying crime that would be sealed;

b.The risk the petitioner poses to society;

c.The length of time since the petitioner committed the offense;

d.The petitioner's rehabilitation since the offense;

e.Aggravating or mitigating factors relating to the underlying crime, including factors outlined in section 12.1-32-04;

f.The petitioner's criminal record, employment history, and community involvement;

g.The recommendations of law enforcement, prosecutors, corrections officials, and those familiar with the petitioner and the offense; and

h.The recommendations of victims of the offense.

3.A hearing on the petition may not be held earlier than forty-five days following the filing of the petition.

4.To the extent practicable, upon receipt of a petition to seal a criminal record, the prosecutor shall notify and seek input from law enforcement, witnesses, victims, and correctional authorities familiar with the petitioner and the offense.

5.This section does not prohibit a prosecutor from stipulating to seal a criminal record without a hearing or more expeditiously than provided in this section.

6.An individual aggrieved by denial of a petition in a municipal court may appeal the denial to the district court for de novo review without payment of a filing fee. A petition denied by the district court may be appealed.

7.Except as provided in this section and if good cause is shown, a district court denying a petition may prohibit a petitioner from filing a subsequent petition to seal a criminal record for up to one year following the denial. The order denying the petition must provide the reasons establishing good cause for prohibiting the petition.

8.If a court grants a petition to seal a criminal record, the court shall state in the court order that the petitioner is sufficiently rehabilitated but is subject to the provisions of section 12.1-33-02.1, and shall release the information when an entity has a statutory obligation to conduct a criminal history background check.